Section 1, DCAPP Member Terms and Conditions:
1. Terms and Conditions: The term “DCAP” means Data Centre Association of the Philippines Inc., and the "Member” (which expressions shall include any principal on whose behalf the joining form is completed), means any person, firm, company, or organization on whose behalf they are acting or representing to act as set out on the Membership Nomination form.
2. The following terms and Conditions relate to the following DCAP "Member” types:
3. The Member agrees to pay the DCAP the annual membership dues in advance set out in this Membership Agreement.
4. By submitting the Application form to join the DCAP the Member is agreeing to the Terms and Conditions of membership which is subject to an annual subscription fee in line with the membership type/level selected; The first year’s membership fees become due immediately upon application acceptance in-line with the DCAP standard payment terms detailed in clause 10. No refunds are available once an application is submitted, and the member will be liable for the full annual membership fee. Failure to pay dues will be deemed as a breach of contract under these Terms and Conditions.
5. Members’ annual subscription is automatically renewed and is due upon the Member’s anniversary date unless notice is served. Notice may be served by the Member in writing and acknowledged by the DCAP. A minimum of ONE month’s notice is required before the Member’s anniversary/renewal date. If no written notice is received within a minimum of ONE month prior to the date of the Members anniversary/renewal date the proceeding year’s membership dues will be charged and will be due for payment in full with no option of refund.
6. By joining the DCAP the member is agreeing to these terms and conditions and this agreement constitutes a legally binding contract between the DCAP and the Member, the conditions of Membership are outlined in these terms and conditions and Members are bound by the DCAP members Code of Conduct, amendments to which are subject to change as outlined in Section 2 Code of Conduct
7. Upon joining the DCAP the member will receive an invoice covering the annual subscription fees due, which are paid in advance. Payment can be made either by bank transfer, deposit, or by cheque. Please note: At this point in time, payment by direct debit or credit card cannot be accepted.
8. New members and existing members who have been renewed in line with clause 5 are required to make full payment upon receipt of an invoice. Under this agreement, unless prior written agreement has been sorted the member may not withhold any payment after the final payment due date (see clause 10).
9. The Member shall have their membership suspended and pay interest on all amounts remaining unpaid after the final payment due date at the statutory rate pursuant to Philippine interest limitations. The Member shall pay all debt collection dues (including legal fees) and costs whatsoever incurred by the DCAP in collecting the dues. All sums due under this Agreement are exclusive of Value Added Tax (VAT), the amount of which shall be paid by the Member to the DCAP at the prevailing rate.
10. The DCAP's standard payment terms are Thirty (30) working days from the date of invoice. Membership dues not received within 30 days of becoming due will result in membership being considered lapsed and as a result, the DCAP reserves the right to suspend all services pending payment.
11. No Pro-rata refunds will be made if cancellation notice is received in writing during any previous annual membership term.
12. Membership dues may be revised periodically and will be notified to Members in writing or notified to all members via electronic means through the member’s portal or via email notifications.
13. Terms and conditions of Membership, may be revised from time to time and will be notified to Members in writing or notified to all members via electronic means through the member’s portal or via email notifications.
14. Payment for applications from companies with non-Philippine mailing addresses may be subject to additional bank handling surcharges. All banking fees shall be the responsibility of the sending organization.
15. Membership is intended for the named Member organization only or in the case of individual membership in the name of the assigned person.
16. In agreeing to become a Member, the Member consents to data relating to them – to the extent that it is not publicly available – being held on the DCAP’s management systems.
17. Orders placed with the DCAP shall constitute a contract when the Member either submits an online application, submits and is accepted a hard copy application form, signs an order, or confirms their acceptance by email.
18. The DCAP may terminate this agreement at any time giving 28 days’ notice to the Member, the DCAP will provide full details of the reason for termination and the Member has the right to appeal in writing to the DCAP Board of Governors.
19. The DCAP will clearly state online and in related literature what the dues cover for the various membership levels. The membership information and level shall be maintained as private at all times.
20. Benefits of membership may be outlined on the DCAP brochures, website, private email notifications, and other relevant media resources.
21. The Member gives consent to the DCAP to carry out a credit check on the partners and directors of the organization at the DCAPs discretion. The credit search will be recorded by the credit agency appointed by the Data Centre Association of the Philippines to conduct any credit investigations, qualify partners, prevent fraud, and may be disclosed to subsequent enquirers.
22. In the first instance all inquiries shall be directed to firstname.lastname@example.org
23. Members have a limited license to only display the correct DCAP Member Logo badge which relates to their specific member type on their DCAP website and corresponding marketing literature. The Member shall not, without the DCAP prior written agreement, provide to any third party the Member logo which relates to their member type.
24. Members who serve notice or who have had their membership suspended can no longer display the corresponding Membership Badge or any content pertaining to their membership of the DCAP on their Website or within any marketing material. All related content will need to be removed with immediate effect.
25. The DCAP may reproduce for reasonable publicity purposes any photographs taken and drawings prepared by it in the performance of the Membership Services. The Member will consult with the DCAP when issuing publicity that concerns the Membership Services. The DCAP shall not use any information that the Member has stated in writing to be confidential.
26. The DCAP’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the cost of the Membership Services supplied under the Agreement; and the DCAP, as a not-for-profit organization, shall not be liable to the Member for any indirect or consequential loss or damage (whether for loss of profit, loss of business, loss of revenue, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Agreement. Nothing in these conditions excludes or limits the DCAP’s liability for fraudulent misrepresentation or for death or personal injury caused by the DCAP’s negligence.
27. The Member warrants and represents to the DCAP that it has and will continue to provide accurate and up-to-date data to the DCAP which the DCAP can rely upon.
28. Any data provided is solely for the use of the Member it was provided to (either under the membership of the DCAP or through any specific advisory activities provided by the DCAP). This data cannot be sold, resold, or circulated to other organizations, private bodies, or individuals not directly employed by the Member unless prior agreement has been sought from the DCAP.
29. Any data provided by the DCAP is updated regularly and the figures are subject to change from the original date of publication.
30. Contract between the Member and the DCAP shall be covered by and maintain jurisdiction within the Philippine legal system.
Section 2, Code of Conduct:
This Code sets out the professional standards required by The Data Centre Association of the Philippines Inc., as a condition of membership. It applies to members of all grades and also non-members who offer their expertise.
Within this document, the term "relevant authority" is used to identify the person or organization which has authority over an individual member.
Upon the submission and acceptance of your DCAP membership application request, all relevant authorities including all employees of the relevant authority are bound by the DCAP Members Code of Conduct as laid out within this document. Upon the submission and acceptance of your DCAP membership application request, all relevant authorities are also bound by the DCAP Terms and Conditions of Membership, amendments to which are subject to change as outlined in clause 5.6. It is incumbent of the said relevant authority submitting the DCAP membership application request to ensure that an internal process exists whereby the terms of membership are filed as legally binding contractual terms.
The Code governs your personal conduct as an individual member of the DCAP and not the nature of business or ethics of the relevant authority. It will, therefore, be a matter of your exercising your personal judgment in meeting the Code's requirements.
2. The Public Interest
2.1. In your professional role you shall have regard for the public health, safety, and environment.
2.2. This is a general responsibility, which may be governed by legislation, convention, or protocol.
2.3. If in doubt over the appropriate course of action to take in particular circumstances, you should seek the counsel of a legal peer or colleague.
2.4. You shall have regard to the legitimate rights of third parties.
2.5. The term 'Third Party' includes professional colleagues, or possibly competitors, or members of 'the public' who might be affected.
2.6. You shall ensure that within your professional field/s, you have knowledge and understanding of relevant legislation, regulations, and standards and that you comply with such requirements.
2.7. As examples, relevant legislation could, in the Philippines, include the Public Interest and Disclosure, Disability Discrimination, Data Protection or Privacy legislation, Computer Misuse laws, legislation concerned with the export or import of technology, laws pertaining to defamation, or law relating to intellectual property. This list is not exhaustive, and you should ensure that you are aware of any legislation relevant to your professional responsibilities and liabilities.
2.8. In the international context, you should be aware of, and understand, the requirements of law specific to the jurisdiction within which you are working, and, where relevant, to supranational legislation such as Philippine law and regulations. You should seek specialist advice when necessary.
2.9. You shall conduct your professional activities without discrimination against clients or colleagues.
2.10. Grounds of discrimination include but are not limited to race, color, ethnic origin, gender, sexual orientation, age, and disability
2.11. All colleagues have a right to be treated with dignity and respect
2.12. You shall reject and shall not make any offer of bribery or inducement.
3. Duty to Relevant Authority
3.1. You shall carry out work or study with due care and diligence in accordance with the relevant authority's requirements, and the interests of the DCAP. If your professional judgement is overruled, you shall indicate the likely risks and consequences.
3.2. The core of the issue here, familiar to all professionals in whatever field, is the potential conflict between full and committed compliance with the relevant authority's wishes, and the independent and considered exercise of your judgement.
3.3. If your judgement is overruled, you are encouraged to seek advice and guidance from a peer or colleague on how best to respond.
3.4. You shall avoid any situation that may give rise to a conflict of interest between you and your relevant authority. You shall make full and immediate disclosure to them if any conflict is likely to occur or be seen by a third party as likely to occur. You shall endeavor to complete work undertaken on time to budget and shall advise the relevant authority as soon as practicable if any overrun is foreseen.
3.5. You shall not disclose or authorize to be disclosed or use for personal gain or to benefit a third party, confidential information except with the permission of your relevant authority, or at the direction of a court of law.
3.6. You shall not misrepresent or withhold information on the performance of products, systems, or services, or take advantage of the lack of relevant knowledge or inexperience of others.
4. Duty to the Profession
4.1. You shall uphold the reputation and good standing of the DCAP in particular, and the data center industry in general, and shall seek to improve professional standards through participation in their development, use, and enforcement.
4.2. As a Member of the DCAP you also have a wider responsibility to promote public understanding of data centers - their benefits and pitfalls - and, whenever practical, to counter misinformation that brings or could bring the industry into disrepute.
4.3. You should encourage and support fellow members in their professional development and, where possible, provide opportunities for the professional development of new members, particularly student members. Enlightened mutual assistance between professionals furthers the reputation of the profession and assists individual members.
4.4. You shall act with integrity in your relationships with all members of the DCAP and with members of other professions with whom you work in a professional capacity.
4.5. You shall have due regard for the possible consequences of your statements on others.
4.6. You shall not make any public statement in your professional capacity unless you are properly qualified and, where appropriate, authorized to do so. You shall not purport to represent the DCAP unless authorized to do so.
4.7. The offering of an opinion in public, holding oneself out to be an expert in the subject in question, is a major personal responsibility and should not be undertaken lightly.
4.8. As a DCAP member you may be invited to comment or supply feedback on standards documents. These documents are provided by the DCAP in order to solicit industry-related expert comments and reviews from across DCAP Membership. The DCAP requires this information is to be treated as draft, private, and strictly not for public domain or re-distribution. Any view expressed by a DCAP member should be submitted via the channel the DCAP provides and should not be sent directly to the standards body, committee, or agency concerned. Failure to adhere to this protocol may result in suspension of DCAP membership. Please note the channel provided for the collection of views and comments may follow the posting of documents, and therefore may not be immediately available.
4.9. To give an opinion that subsequently proves ill-founded is a disservice to the profession, and to the DCAP.
4.10. You shall notify the Association if convicted of a criminal offense or upon becoming bankrupt, insolvent, or disqualified as Company Director.
5. Professional Competence and Integrity
5.1. You shall seek to upgrade your professional knowledge and skill, and shall maintain awareness of technological developments, procedures, and standards that are relevant to your field, and encourage your subordinates to do likewise.
5.2. You shall not claim any level of competence that you do not possess. You shall only offer to do work or provide a service that is within your professional competence.
5.3. You can self-assess your professional competence for undertaking a particular job or role by asking, for example,
i) am I familiar with the technology involved, or have I worked with similar technology before?
ii) have I successfully completed similar assignments or roles in the past?
iii) can I demonstrate adequate knowledge of the specific business application and requirements successfully to undertake the work?
5.4. In addition to this Code of Conduct, you shall observe whatever clauses you regard as relevant from any other relevant standards, and you shall encourage your colleagues to do likewise.
5.5. You shall accept professional responsibility for your work and for the work of colleagues who are defined in each context as working under your supervision. Data Centre Association of the Philippines Inc. reserves the right to terminate any membership at any time without compensation or refund.
5.6. Terms and conditions of Membership may be revised from time to time and will be notified to Members in writing or notified to all members via electronic means through the member's portal or via email.
6. Rules of Participation and Leadership of DCAP: Advisory Board
6.1 DCAP Advisory Board: The Purpose of the DCAP Advisory Board is to identify the optimum agenda that best serves the DCAP membership and the data center industry. This includes providing strategic policy guidance and setting the objectives of the DCAP and advising the DCAP staff on action plans for delivering these aims and objectives.
6.2 From time to time, members of the DCAP Advisory Board will be asked to volunteer to represent the DCAP at functions, seminars, and conferences. Although there is no obligation and it is accepted that there are no guarantees of availability it is also expected that from time-to-time individuals will be asked to volunteer tasks that benefit the industry and to promote and represent the DCAP's best interests to contacts, colleagues, the public, the commercial world and/or the public sector.
6.2 The term of service for Advisory Board members is One (1) year. A member may step down should personal or professional circumstances change or be obliged to do so if his or her DCAP membership lapses. Individuals may re-nominate themselves to stand for a further term if they so wish.
6.3 The DCAP Advisory Board can be elected by the DCAP Board of Directors or through member nominations to the DCAP Board of Directors
6.4 The organization of the Advisory Board’s specific responsibility tasks are democratically approved by the board members at quarterly Board of Directors meetings or at extraordinary meetings as called by the board.
6.5 Advisory Board nominations and eligibility - Applications can be made at any time from C-level or senior management-level individuals who continue to remain supporting DCAP Corporate Partners.
6.6 Nominations should be submitted with a CV or BIO that demonstrates expertise, experience, and a data center industry track record.
6.7 The meeting frequency will be quarterly led by the President, Treasure, Corporate Secretary, or Board of Governors.
7. Rules of Participation and Leadership of DCAP: Steering Committees
7.1 DCAP Steering Committees: The modern data center features a complex and diverse coming together of specializations of traditional industry disciplines under one critical facility roof. Therefore, the purpose of the DCAP Technical Council also known as the “Center of Excellence (CoE)”, is to capture this wide-ranging expertise into a collaborative platform in order to assist with standards development, R&D, best practice, innovation and enable the next generation to meet the future growth and demands of the industry.
7.2 DCAP members are free to request to join the group(s) that relate to their particular interests; however, many of the events may have associated fees for non-members.
7.3 Each DCAP Steering Group is led by a DCAP Steering Committee chair who serves a rolling one-year term and is elected by the group members. Nominations can be processed annually. If no nominations are received, the existing DCAP Steering Committee chair may continue, for a further year, or the DCAP Board of Directors and or Advisory Board can nominate an interim chair. Only full members can
7.4 The Steering Committee Chair is encouraged to chair meetings as required with DCAP members of the Technical Steering Group he/she is leading to accomplish the following outputs:
• Development of best practice guidance reports and published market analysis documentation
• Any recommended proposal or change for review by the Certification Requirements Steering Group (if relevant). Any recommendation or contribution to standards development
• Any public statement or update
• Any recommendation or contribution to training, skills, or education
• Any recommendation or contribution to standards development
• Any liaison or collaboration recommendations either within DCAP or with other stakeholder groups
• A decision on whether to re-constitute the group for another 12 months
7.5 The output from the meeting/workshop should be collated by the Steering Committee chairperson and PDFs minutes and updated to email@example.com email. Any minutes should also be disseminated to group members via email and or the wider industry or DCAP staff as required.
7.6 The Steering Committee chair is entitled to hold administrative rights to a collaboration "group" This enables:
• DCAP-approved collaboration tools if external from any DCAP available system.
• Ability to create of WYSIWYG (What-You-See-Is-What-You-Get) style web pages visible to group members and change the homepage layout and content
• Ability to create libraries, file stores and upload content for group-only, member-only, or public access
• Ability to bulk email all group members associated with each program
• Ability to send out group invites via Outlook to all members of the group, forum, and/or blogs
• Ability to remove members of the group and invite new members to the group if they work for any existing DCAP member with full Corporate Partner Status. If the Chair or group wishes to invite non-members into the group this will only be possible with group approval. Non-members can be then added to the Group as a "Guest" * Guest status needs to be also approved by the DCAP and can only be set up by a member of the DCAP admin team. Guest Status is designed to allow individual experts to participate in a group and to assist with group activities (please note, although a guest can contribute to a Group, they are not afforded voting rights, document access, or meeting access rights unless it is pre-approved collectively by the group.
7.7 The DCAP Steering Committee chair may request that other members of the group be granted Group Administrator rights by contacting DCAP staff.
7.8 The Chair of the committee can send requests to DCAP staff for any assistance in coordinating meetings, making changes to online content, adding/removing members, etc.
7.9 The DCAP has access to meeting rooms & office facilities within the industry members, universities, and institutions, the committee chair may request these facilities for steering committee activities (subject to availability), by contacting DCAP staff.
Section 3, Contribution Tax implications:
1. DCAP as a Not-for-Profit organization is recognized and regulated under the Philippine Securities Exchange Commission (SEC)
2. As a Not-for-Profit organization all contributions, membership fees, sponsorships, and other donations are 100% tax-deductible based on the BIR tax regulations.
3. These contributions and tax benefits help build and mature the industry as a whole and are solely purposed to grow awareness and augment the inter-collaboration between industry and government.